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Purchasing and Business Services Manual (PUR)

PUR 108: Anti-Kickback
Guidelines

Purpose

To comply with the provisions of the Anti-Kickback Act of 1986
and to establish university policy prohibiting kickbacks

Sources

41 United States Code § 51 et seq.,
“Anti-Kickback Act of 1986”

Federal Acquisition Regulations 3.502-2 and
52.203.7

University policy

Policy

In connection with any contract between the university and
another party, no university employee shall receive from, or offer
to the other party, or an employee of the other party, a
kickback.

Reporting

A university employee who becomes aware of a violation of this
policy should report such violation to University Audit and
Advisory Services.

Penalties

The Anti-Kickback Act of 1986 (41 U.S.C.
51–58):

Prohibits any person from:

providing, attempting to provide, or offering to provide any
kickback

soliciting, accepting, or attempting to accept any kickback

or

including, directly or indirectly, the amount of any kickback
in the contract price charged.

Imposes criminal penalties on any person who
knowingly and willfully engages in the prohibited conduct addressed
in paragraph (a) above.

Provides for the recovery on civil penalties by the United
States from any person who knowingly engages in such prohibited
conduct and from any person whose employee, subcontractor, or
subcontractor employee provides, accepts, or charges a
kickback.